AIR 1993 SUPREME COURT 1742 ::1993 AIR SCW 1371 ::AIROnline 1992 SC 305 ::(1992) 3 SCR 798 (SC) ::(1993) 1 LS 7 ::(1993) 2 RRR 46 ::(1993) 49 DLT 257 ::1993 (1) Civ LJ 492 ::1993 (1) SCC 519 ::(1993) 2 APLJ 33.1 ::1993 BB CJ 218 ::(1993) EastCriC 410 ::(1993) 1 Orissa LR 205 ::1992 (3) SCR 798 ::1993 (2) LandLR 113 ::1993 (2) BLJR 842 ::(1993) 1 BLJ 647 ::(1993) 1 CurLJ(CCR) 267 ::(1993) 1 JT 74 (SC) ::1993 (1) JT 74

Supreme Court Of India

(From : Delhi)

Hon'ble Judge(s): Lalit Mohan Sharma, S. Ratnavel Pandian, S. Mohan, B. P. Jeevan Reddy, S. P. Bharucha , JJJ

Specific Relief Act (47 of 1963) , S.16— Agreement to sell immovable property - Intention of parties to make time essence of contract - Purchaser not willing to make party payment of amount within specified time without fulfilment of some conditions which was contrary to agreement - Held, purchaser was not entitled to specific performance of contract. Contract Act (9 of 1872) , S.55— In the case of sale of immovable property there is no presumption as to time being the essence of the contract. Even if it is not of the essence of the contract the Court may infer that it is to be performed in a reasonable time if the conditions are: (1) from the express terms of the contract; (2) from the nature of the property; and (3) from the surrounding circumstances, for example: the object of making the contract. Case law discussed.(Para 24) Where in an agreement to sell the immovable property it was stipulated that amount in part was to be paid within 10 days of the execution of the agreement and the balance has to be paid at the time of @page-SC1743 registration of deed and it was agreed that the vendor would redeem the property which was mortgaged and also obtain the income tax clearance certificate and the word 'only' was used twice i.e. to qualify the amount and to qualify the....